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i <br /> 7. Sgt. Bosman noted that the application failed to comply with EMC 5.04.030 in two <br /> regards. First, Best Inn did not have an operating license from the Department of <br /> Health, and therefore Best Inn was not "in compliance with all ... state ... licensing <br /> and/or permit requirements. Second, the owner of Best Inn had failed to take many <br /> basic abatement actions recommended by the Everett Police Department, and <br /> therefore illegal activity continued to occur regularly at the Best Inn. Therefore, <br /> approving the license would "enable any person to engage in ... unlawful ... act[s]. <br /> 8. Based on Sgt. Bosman's recommendation, on July 10, 2012, the City denied Best <br /> Inn's application for an overnight lodging license for 2012. Exhibit 9. <br /> 9. On July 19, 2012, Best Inn filed an appeal to the City Council, requesting the Council <br /> overturn the City's decision and issue the overnight lodging license. Exhibit 10. <br /> 10.On August 15, 2012, the City Council heard the appeal. <br /> FIRST GROUND FOR DENIAL: FAILURE TO COMPLY WITH APPLICABLE <br /> STATE LICENSING OR PERMIT REQUIREMENTS <br /> 11.Any person is prohibited from operating a motel without a transient accommodation <br /> license issued by the Washington State Department of Health ("DOH"). ROW <br /> 70.62.260. <br /> 12.Overnight lodging license applicants are required provide proof of application for the <br /> transient accommodation license to the City. Ms. Ahn did not provide any proof with <br /> her overnight lodging application. <br /> 13.1n his contact with the Washington State Department of Health on March 27, 2012, <br /> Sgt. Bosman learned that the Best Inn's state transient accommodation license had <br /> not been issued due to deficiencies noted during an inspection. <br /> 14.On June 25, 2012, Sgt. Bosman confirmed with DOH that Ms. Ahn still had not <br /> received her transient accommodation license. A review of DOH's online data on <br /> August 15, confirmed that the Best Inn still has not obtain its transient <br /> accommodation license from the state as required by EMC 5.04.030.A.4. Exhibit 4. <br /> II. SECOND GROUND FOR DENIAL: ISSUANCE OF AN OVERNIGHT LODGING <br /> LICENSE WOULD ENABLE UNLAWFUL AND DISHONEST ACTIVITY <br /> 15.Best Inn has enabled unlawful activity because Ms. Ahn was aware that illegal <br /> activity was regularly occurring at Best Inn, but failed to take abatement steps <br /> recommended by the Everett Police Department that would have dissuaded criminal <br /> activity. <br /> a. Best Inn has a history of unlawful activity. <br /> 153 <br />